Chapter 13.04 WATER UTILITY – REGULATIONS AND RATES*

* For water utility tax, see Ch. 13.16 of this code. Prior ordinance history: Prior code Sections 7.08.010 – 7.08.680, Ords. A-2853, A-2893, A-2993, A-3119, A-3149, A-3175, A-3181, A-3288, A-3303, A-3353, A-3378, A-3379, A-3404 and A-3556.

13.04.010 Definitions.

Unless the context specifically indicates otherwise, the following words, terms and phrases when used in this chapter shall have the meanings hereinafter set forth in this section, whether appearing in capital or lower case form:

“Actual cost to city” means and includes base labor costs, taxes, insurance, benefits, and overhead; replacement cost of materials multiplied by 1.15 for operating overhead, equipment charges at published rental rates by city fleet services; and all real related costs borne by the city.

“Applicant” means and is an individual, firm or corporation, or agent of any individual, firm or corporation, applying for water service.

“City” means the city of Walla Walla, Washington, a municipal corporation or its duly authorized representative.

“City shutoff valve,” also referred to as the curb cock, means the first working shutoff valve closest to the water main as measured along the water service line.

“City engineer” means the public works director of the city of Walla Walla, or his duly authorized representative.

“Council” means the city council of the city or its authorized representative.

“Cross connection” means any potential or physical arrangement whereby a public water supply is connected, directly or indirectly, with any nonpotable or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, liquid, gases, sewage, or other waste, of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary, permanent or potential connections through which, or because of which, backflow could occur, are considered to be cross connections.

“Customer line” means and is the entire line, including all valves and fittings from the city shutoff valve to the premises served, except the meter assembly.

“Customer” or “consumer” means and is an individual, firm, corporation, partnership, institution or association receiving water or sewer services from the city.

“Meter” means and includes the water meter, its enclosure, and related appurtenances.

“Meter assembly” means the meter and any manufactured meter setter or resetter assembly installed by or at the direction of the city of Walla Walla water division to raise the active meter within several inches of the ground. A manufactured meter setter or resetter assembly does not mean a made-up combination of fittings, pipes and valves that serve the same purpose as a manufactured meter setter and does not include any risers or other plumbing fittings. A manufactured meter setter or resetter assembly ceases to be a “meter assembly” once the meter has been removed or relocated by or at the direction of the city of Walla Walla water division.

“Person” means and includes any natural person, firm, copartnership, association or corporation, whether he or it is acting for himself or itself or as the clerk, servant, employee or agent of another; the singular number shall include plural and plural the singular.

“Service line” means and is the pipe, valves and fittings laid from the main to, and including, the city shutoff valve.

“Water department” means and designates the public works department of the city, acting through the public works director or his designee.

“Water main” or “main” means and is the pipe, usually two inches inside diameter or larger diameter, laid in a street, road, alley or easement and running approximately parallel to the street, road or alley for the distribution of water to the customers through the service.

“Water service rates, city of Walla Walla” shall mean and/or apply to the city of Walla Walla municipal corporation and its departments and operations conducted on behalf of the city on property owned by the city.

“Water service rates, commercial” shall mean and/or apply to any building or group of buildings where a business or a combined residence and business is practiced, or where such business is advertised by a sign of any type on the premises and/or listed in the telephone directory as the location of a business.

“Water service rates, industrial” shall mean and/or apply to all manufacturing and processing establishments.

“Water service rates, multiple dwelling” shall mean and/or apply to multiple-family dwelling units as defined in Title 20.

“Water service rates, public” shall mean and/or apply to all city, county, state and federal institutions, schools, parks, and other publicly owned institutions, with the exception of the city of Walla Walla municipal corporation and its departments.

“Water service rates, residential” shall mean and/or apply to all one-family and two-family dwelling units as defined in Title 20.

“Water superintendent,” also known as the “water system manager,” means the director of public works or his designee, and is the person primarily responsible for inspecting the work of crews engaged in water utility activity, including extensions, repairs, maintenance, and new construction. The water superintendent or water system manager oversees repair, maintenance and operations for domestic water system under public control. (Ord. 2015-30 § 6, 2015: Ord. 2006-05 § 24, 2006: Ord. 99-36 § 1, 1999: Ord. 99-4 § 1, 1999: Ord. A-3639 § 1(part), 1990).

13.04.020 Rules, rates, service and charges – City council authority.

The city council shall have the power at any time without notice to amend, change or modify any rules, rates or charges, and to make rates or contracts; and all water service is subject to such power. (Ord. A-3639 § 1(part), 1990).

13.04.030 Rules and regulations – Employee authority restricted.

No employee of the city is authorized to suspend or alter any of the rules or regulations cited in this chapter without specific approval or direction of the council except as otherwise authorized in this chapter. (Ord. 2012-04 § 1, 2012: Ord. A-3639 § 1(part), 1990).

13.04.035 Schedule of miscellaneous water-related fees and charges.

A. Any party desiring or required to connect to the city water distribution system or to increase the size of its service shall pay water capital facilities charges to the city at the rates set forth in the city’s rate ordinance(s). The Walla Walla city council has determined that the water capital facilities charges established herein are proper and reasonable connection charges in order that such property owners shall bear their equitable share of the cost of city water distribution system. Water capital facility charges are based upon prospective water consumption ordinarily determined with reference to the size and number of water meters at a location.

1. Increases in the size of service are deemed to occur upon increase of the size of a water meter at a location or increase of the number of water meters at a location.

2. All parties desiring or required to increase the size of service shall pay prorated capital facilities charges. The amount assessed in such instances shall be the difference between the rate set forth in the city’s rate ordinance(s) for the existing meter size and the new meter size plus the rate set forth in the city’s rate ordinance(s) for any added water meters. In no event shall the total amount of any credits exceed the amount of the capital facilities charges.

3. The water capital facilities charges established herein shall apply in addition to the costs of connection, metering, and any other applicable charges.

4. No one shall be entitled to a refund, rebate, or rate reduction for any decrease in the size of service at a location.

B. Additional charges may be set forth in the city’s rate ordinance(s).

C. The city public works department is authorized to additionally charge customers for actual costs not otherwise set forth in the Walla Walla Municipal Code or the city’s rate ordinance(s).

D. Additional water connection charges for mains, hydrants, reservoirs, and other appurtenances constructed by developers or property owners to serve their own property, but that make water service available to intervening property owned by others, shall be established by “latecomer” or “reimbursement” agreements, that reflect the cost of constructing said facilities. These agreements may be effective for twenty years, after which the connection charges shall revert to the normal connection fees in effect at that time; provided, however, that the term of such agreements may be extended as provided by law. (Ord. 2016-30 § 12, 2016: Ord. 2015-30 § 7, 2015: Ord. 2007-31 § 2, 2007: Ord. 2006-05 § 25, 2006: Ord. 98-37 § 2, 1998; Ord. 93-A-37 § 1, 1993: Ord. A-3639 § 1(part), 1990).

13.04.040 Service – Provided where.

A. The council will furnish service to all that area within the boundaries of the city where facilities are available and to such other areas as, in its sole discretion, may be in the best interest of the city to serve.

B. Property within the UGA shall annex prior to connection to the city water system.

C. The city retains discretion, on a case by case basis, to review connection to single-family residences or other approved uses in the UGA in the event that property experiences a failed well, and connection to the city water system is necessary to maintain the existing use.

D. The city shall not provide service to any property or premises that has been condemned by the city council. (Ord. 2015-30 § 8, 2015: Ord. 2014-25 § 8, 2014: Ord. A-3639 § 1(part), 1990).

13.04.050 Service – Application – Contents required.

Applications for the use of water shall be made on printed forms to be furnished by the city. The applicant shall fully and truly state all the purposes for which the water may be required and also agree to conform to the rules and regulations as a condition for the use of the water. No person, firm, association or corporation supplied with water from the city mains will be entitled to use it for any other purpose than those stated in this application. (Ord. A-3639 § 1(part), 1990).

13.04.060 Service – Standard contract.

When the premises of an applicant are connected to water service as a result of application acceptance, the application shall be considered as a contract, and the applicant, by signature thereon, shall agree to abide by such rates, rules and regulations as are in effect at the time of signing the application or as may be adapted thereafter by the council, and to pay all bills promptly. (Ord. 2000-9 § 32, 2000: Ord. A-3639 § 1(part), 1990).

13.04.061 Service – Well drilling.

New applications for city water services on property with an existing well shall require the separation of the well from the domestic water supply prior to new services being provided. Following separation, the existing well may be used for irrigation purposes only or decommissioned in accordance with state standards. The continued use of state-approved private wells for irrigation purposes shall be permitted provided the customer has installed the proper backflow prevention devices. Except as provided by Walla Walla city council ordinance or resolution, no city services, including but not limited to wastewater collection, sanitation and water services, shall be provided to properties where a new well is installed for domestic, commercial or industrial use. Installation of a new well for irrigation purposes only shall be performed in accordance with Chapter 173-160 WAC. A permit for construction shall be obtained from the city of Walla Walla prior to commencing installation of a new well. A state-issued permit shall also be required if the proposed volumes and/or uses exceed those authorized under RCW 90.44.050. This section shall apply to all property within the urban growth area designated for the city of Walla Walla and all other city water customers. (Ord. 2003-13 § 1, 2003).

13.04.070 Service – Special contracts – Authorized when – Procedure.

The city reserves the right to make special contracts, the provisions and conditions of which are different from and have exceptions to the regular published schedules. Notwithstanding other provisions of this chapter, the council may fix, by resolution, special water service rates and/or installation charges for nonprofit corporations, public institutions, industrial users, commercial consumers, and for any persons, firm or corporation showing a need for an adjustment because of extraordinary or extenuating circumstances. Special contracts shall be in writing and signed by the customer and the city manager upon direction of the council. When the customer’s requirements for water are unusual or large or necessitate considerable special or reserve equipment or capacity, the city may require a contract for an extended period and may also require the customer to furnish security, satisfactory to the city, to protect the city against loss and to guarantee the performance of the provisions of this contract. Such contracts, written for an extended period, shall not be subject to change by the council without notice, and provisions of Section 13.04.020 to the contrary notwithstanding. (Ord. 2000-9 § 33, 2000: Ord. A-3639 § 1(part), 1990).

13.04.080 Service – Responsibility of the city.

The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of potable water to the customer and to avoid any shortage or interruption of delivery of same. The city will not be liable for high or low pressure conditions, interruption, shortage or insufficiency of supply, or any loss or damage occasioned thereby. The use of water upon the premises of the customer is at the risk of the customer, and the responsibility of the city shall cease at the point of delivery of water. Unless otherwise specified in the agreement, the point of delivery shall be the point where the service line attaches to the customer’s line.

Water will be furnished for ordinary domestic, business and community purposes and fire protection only. The city will assume no responsibility for water furnished for the direct operation of steam boilers or other machinery. (Ord. 2000-9 § 34, 2000: Ord. A-3639 § 1(part), 1990).

13.04.090 Service – Rights reserved during water shortage.

The city reserves the right to make any order forbidding all use of water for irrigation and sprinkling in the event of a water shortage. Due notice of such order will be given by its publication in the city’s official newspaper. Also, in case of shortage of supply, the city reserves the right to give preference in the matter of furnishing service to customers and interests of the city from the standpoint of public convenience and necessity. Any person violating such order shall be subject to a charge of five hundred dollars for each offense, and the water shall be shut off therefor. The services shall remain turned off until such fine has been paid. (Ord. 2000-9 § 35, 2000: Ord. A-3639 § 1(part), 1990).

13.04.100 Service – Interruption without notice – Liability.

A. Water may be shut off from the service or mains at any time, without notice, for repairs, replacement, construction, or other necessary purposes, and the city will not be responsible for any consequent damage. In all cases where dependence is made for the use of water for steam boilers, ice machines, motors or other contrivances, owners and customers are warned against danger of explosion or collapse; and, in all cases, automatic regulating or shutoff control should be provided by the owner or consumer for protection to property of consumer as well as to the property of the city.

B. The city will not be liable for any damage or delay by reason of the breaking or leaking of any pipe, valve, fixture or similar item, from water or the lack of water from mains, services, hydrants or conduits.

C. Water consumers who have any machinery, process or plant requiring a constant supply of water shall install such storage facilities as will prevent any damage in case the water supply is interrupted or discontinued for any reason. (Ord. 2000-9 § 37, 2000: Ord. A-3639 § 1(part), 1990).

13.04.110 Service – Notices to customers.

Notices from the city to the customer will normally be given in writing and either mailed to or delivered at the customer’s last known address. Where conditions warrant and in emergencies the city may resort to notification either by telephone or messenger. (Ord. 2000-9 § 37, 2000: Ord. A-3639 § 1(part), 1990).

13.04.120 Service – Notices from customers.

Notices from the customer to the city may be given orally or in writing, in person or by an authorized representative, at the office of the water division to an agent duly authorized to receive notices or complaints. (Ord. 2000-9 § 38, 2000: Ord. A-3639 § 1(part), 1990).

13.04.130 Service – Extension.

Upon receiving a written request from a property owner or developer within the corporate limits of the city, or in areas contiguous to the city that may be annexed by the city, a water line extension of the city’s water system may be made but is not required. The city’s water system shall not be extended to any property or development unless it is developed in compliance with city development standards and its utilities are constructed in compliance with city standards. (Ord. 2006-05 § 26, 2006: Ord. 2000-9 § 39, 2000: Ord. A-3639 § 1(part), 1990).

13.04.150 Service – Extension outside city limits – Furnished when.

A. Upon the application of any person to be furnished water outside the city limits, the city shall, at its discretion, determine whether the water applied for is available and whether it is in the best interests of the city to furnish the water. Water from the city’s system shall not be furnished to any property unless such property has been annexed, except as determined by council per Section 13.04.040(C), and it is developed in compliance with city development standards and its utilities are constructed in compliance with city standards.

B. If service is approved per Section 13.04.040(C), water from the city’s system shall not be furnished to any property unless the property owner has first executed and recorded an irrevocable agreement in a form acceptable to the city consenting to annex the property to the city of Walla Walla which is binding upon successors and assigns. (Ord. 2014-25 § 9, 2014: Ord. 2005-06 § 27, 2006: Ord. 2000-9 § 40, 2000: Ord. A-3639 § 1(part), 1990).

13.04.160 Service – Extension of water service – Agreement required – Terms.

A. If an extension of the city water mains is required to furnish water, and if it is deemed by the city administration to be in the best interest of the city to extend the mains under the guidelines set forth by council resolution, the city manager shall be authorized to enter into an agreement with the applicant for the extension of water service.

B. In addition to such other provisions as the circumstances of the particular situation may require, the agreement shall provide:

1. The extension process shall comply with the rules and regulations as established by resolution passed by the council;

2. The city shall have all remedies, inclusive of liens provided for in other parts of this chapter and elsewhere, for the collection of water charges and, in addition, shall have the right to supervise the construction and installation of a service main or mains, and the rights and privilege of examination and inspection during reasonable hours of all connections and services;

3. Each extension shall be considered separately, and the total cost thereof shall be borne by the individual entering into the agreement with the city in accordance with the provisions of council resolution; provided, further, that oversizing in accordance with city master plans will be required. The applicant may be required to pay all costs involved as deemed in the best interest of the city;

4. The main upon the completion of its construction shall forthwith become the property of the city, and it shall be maintained as such with full right of ownership on the part of the city, including the right to install additional taps or to further extend the main at any time or to dispose of all or part of it at any time.

5. All plumbing on the property served by this water main extension shall conform to the city’s adopted codes.

6. All areas to be served by the extension shall be developed in compliance with city development standards and all utilities shall be constructed in compliance with city standards. (Ord. 2006-05 § 28, 2006: Ord. 2000-9 § 41, 2000: Ord. A-3639 § 1(part), 1990).

13.04.170 Service – Size and location.

The city will furnish and install a service of such size and at such locations as the applicant requests; provided such requests are reasonable and the size requested is one listed by the city. A new service line will not be provided when the location of a customer’s line or its perpendicular projection with respect to the curb is within ten feet of the center of any tree. This includes trees required by the city or proposed by the customer. The minimum size service shall be one-inch service line and three-quarter-inch by three-quarter-inch meter. (Ord. 99-4 § 2, 1999: Ord. A-3639 § 1(part), 1990).

13.04.180 Service – Separate to each structure required when – Charges.

Where water is now supplied through one service to several structures, the water division may, at its discretion, decline to furnish water until separate service is provided at the owner’s expense. Where more than one structure is served from one service, the minimum shall be charged for each structure unless there is common ownership. (Ord. 2000-9 § 42, 2000: Ord. A-3639 § 1(part), 1990).

13.04.190 Standby fire protection service – Installation conditions.

Standby fire protection service connections of one and one-half inch to eight-inch size may be installed; the cost of the installation shall be borne by the owner. In no case shall any tap be made upon any pipe used for standby fire protection for any purpose other than the extinguishing of fire on the premises. These fire services may be tested annually; but the water division must be notified in advance and a permit must be obtained prior to such a test. The city requires an approved backflow prevention device and detector check or full-sized service meter be installed on standby fire protection service connections. Detector check meters will be billed as provided in the city’s rate ordinance(s). Full-sized service meters will be billed at the base rate plus consumption as set forth in the city’s rate ordinance for the meter size and classification for any water used for any purpose other than fire suppression or annual testing. (Ord. 2021-39 § 17, 2021; Ord. 2018-11 § 1, 2018: Ord. 2015-30 § 9, 2015: Ord. 2000-9 § 43, 2000: Ord. A-3639 § 1(part), 1990).

13.04.200 Fire service connection – Water to be metered.

A service having fire protection facilities on the premises and water for other purposes flowing through the same service connections considered as an ordinary service shall be metered. All water used through that service, regardless of its use, will be billed at the regular rates; however, no additional charge for the fire protection facilities on the premises will be made. (Ord. A-3639 § 1(part), 1990).

13.04.210 Standby fire protection service – Violations – Penalty.

As determined by the public works director, a penalty will be assessed when water is used from a standby fire protection service in violation of these regulations. Penalties in the amount of five hundred dollars per violation shall apply if two or more violations occur within a twelve-month period. Each day of use shall constitute a separate violation. If five or more violations occur within a twelve-month period, the public works director, or his or her designee, may determine that the status of the service is no longer standby and require a full line size meter be installed at the expense of the property owner, and regular rates and charges shall thereafter apply as set forth in the city’s rate ordinance.

Penalties assessed by the public works director may be appealed to the city manager by filing of a written appeal with the city clerk no later than ten calendar days after the date the penalty is assessed. The city manager’s appeal decision shall be final. (Ord. 2018-11 § 2, 2018: Ord. 2000-9 § 44, 2000: Ord. A-3639 § 1(part), 1990).

13.04.220 Fire hydrants – Unauthorized use prohibited.

No person or persons other than those designated and authorized in writing by the city shall open any fire hydrant belonging to the city, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be considered an infraction and subject the violator to a monetary penalty not to exceed two hundred fifty dollars per violation. (Ord. A-3639 § 1(part), 1990).

13.04.230 Fire hydrants – Installation outside city limits.

Upon approval of the city, fire hydrants may be installed and connected to the city water system outside the city limits. The total cost of the installation shall be borne by the person or persons requesting this service. (Ord. A-3639 § 1(part), 1990).

13.04.240 Service – Installation and maintenance authority.

When a permit for a water service has been granted, the city service line will be installed and maintained by the water division and kept within its exclusive control. (Ord. 2000-9 § 45, 2000: Ord. 99-4 § 3, 1999: Ord. A-3639 § 1(part), 1990).

13.04.250 Service – Customer line repair responsibility and damage liability.

With the exception of the meter assembly, all portions of the customer line on the private property side of the meter must be kept in repair by the owner or occupant of the premises, who will be responsible for all damages resulting from breaks in such pipe or service together with water lost resulting from such break or leak. (Ord. 2012-04 § 2, 2012: Ord. 99-4 § 4, 1999: Ord. A-3639 § 1(part), 1990).

13.04.260 Service – Pressure and supply.

The city assumes no responsibility for loss or damage because of lack of water or pressure, but it merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. (Ord. A-3639 § 1(part), 1990).

13.04.270 Service – Discontinuance authorized when – City not liable for customer equipment.

The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment; and the city may, without further notice, discontinue service to any customer when a defective condition of plumbing or equipment upon the premises of the customer results or is likely to result in interference with proper service or is likely to cause contamination of water. (See additionally Chapter 13.05.) (Ord. 2000-9 § 46, 2000: Ord. A-3639 § 1(part), 1990).

13.04.280 Service – Damage to city property – Customer liable when.

The customer shall be liable for any damage to a meter assembly or other equipment or property owned by the city which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of seals and locks by the customer on or near a meter or city shut-off valve. The city shall be reimbursed by the customer for any such damage promptly upon the presentation of the bill. There shall also be a penalty assessed for each occurrence of the unauthorized removal of a valve lock as provided in the city’s rate ordinance(s).

If a meter is damaged by hot water from a customer’s line, the customer shall be required to pay for the cost of repairs and for the loss of revenue occasioned by the damage. (Ord. 2016-30 § 13, 2016: Ord. 2015-30 § 10, 2015: Ord. 99-4 § 5, 1999: Ord. A-3639 § 1(part), 1990).

13.04.290 Service connection and meter charges – Regular water service.

A. At the time the applicant files for regular water service, a service connection charge will be required. This charge is to cover the costs incurred by the city to install the service line from the main to the meter setter. The service connection charge for the various sizes of lines will be as set forth in the city’s rate ordinance(s), plus applicable fees.

B. All regular water services shall be metered. The city shall charge for the quantity of water measured at meter rates as established by the council. At the time the applicant files for water service, a meter charge will be required. The charges for meters shall be as set forth in the city’s rate ordinance(s).

C. The charges imposed by this section shall be in addition to all other fees and charges that may apply. (Ord. 2016-30 § 14, 2016: Ord. 2016-01 § 1, 2016: Ord. 2015-30 § 11, 2015: Ord. 2006-05 § 29, 2006: Ord. A-3639 § 1(part), 1990).

13.04.295 Service connection and meter charges – Standby fire protection service.

A. Installation costs shall be borne by an applicant for standby fire protection service as provided in Section 13.04.190.

B. Applicants for standby fire protection service shall also pay a charge for their equitable share of the cost of the city’s fire protection water service facilities in their vicinity. The amount of these charges shall be determined by the council and set forth by ordinance. Such charges must be paid before connection may be made to the city’s water service facilities.

C. Water furnished by the city for standby fire protection service may be used only for that purpose. Use of standby fire protection water service for any other purpose shall be subject to Section 13.04.210.

D. The charges imposed by this section shall be in addition to all other fees and charges that may apply. (Ord. 2016-01 § 2, 2016).

13.04.300 Service – Accounting of charges.

All accounts for water shall be kept in the name of the owner of the property and not in the name of the tenant. The account bills will be sent to the owner and the owner shall be held responsible for payment of all accounts. All delinquent and unpaid charges for water, sewer, sanitation or other city charges shall result in discontinuance of service and a lien against the premises to which the same are furnished. (Ord. 2022-11 § 2, 2022; Ord. 2015-30 § 12, 2015: Ord. A-3639 § 1(part), 1990).

13.04.310 Service – Unauthorized turn-on prohibited – Penalty.

After the water has been shut off at the city shut-off valve, should it be turned on by any person excepting an employee of the water division, the service will be shut off, and a penalty assessed against the property as provided in the city’s rate ordinance(s) in addition to all other charges. The account will be assessed an additional charge for each additional unauthorized turn-on until the account is settled. The service shall not be turned on until such penalties have been paid. The city manager shall have the authority to waive the penalty charge(s) in cases involving extenuating circumstances and when the turn-on is not caused by or through any fault or negligence of the property owner. (Ord. 2016-30 § 15, 2016: Ord. 2015-30 § 13, 2015: Ord. 2000-9 § 47, 2000: Ord. 99-4 § 6, 1999: Ord. A-3639 § 1(part), 1990).

13.04.315 Customer turn-off and turn-on.

Upon receipt of express permission from the city, a property owner may turn off or turn on water service using the city shut-off valve; provided, however, that no customer may receive permission if the customer’s service has been shut off by the city for delinquent payment on an account or other reason. Any damage caused by the operation of the city shut-off valve by someone other than a city water employee shall be the sole responsibility of the property owner. The cost of any repairs to the city shut-off valve, including labor, will be imposed upon the property owner. (Ord. 2006-05 § 30, 2006).

13.04.320 Monthly water service charges.

A water service charge shall apply to all water utility customers within the corporate city limits and shall be based on monthly water consumption. Customers receiving regular service from the city’s primary distribution system are classified as provided in Section 13.04.010 as either commercial, industrial, multiple dwelling, public, residential, or city of Walla Walla. The amount of each charge is established by rate ordinance(s) and shall be applied as follows:

A. There shall be a monthly base charge which is imposed upon all regular customers based upon meter size which shall include consolidated amounts for operations, maintenance, capital reserve, and bond repayment.

B. In addition to the monthly base charge, there shall be a consumption charge for each regular class of customers which is imposed upon all customers based upon the amount of water used, which shall include consolidated amounts for operations, maintenance, capital reserve, and bond repayment.

C. Satellite Systems. Any water system consisting of readily identifiable water source and/or treatment, distribution system, and appurtenances separate and distinct from the city’s primary Mill Creek watershed/deep well supply, transmission/distribution system shall be charged fees computed on actual cost of that separate, satellite system.

1. Mill Creek Glen.

a. There shall be a monthly base charge to all consumers of the Mill Creek Glen system based upon meter size.

b. In addition to the monthly base charge to Mill Creek Glen system consumers, there shall be a consumption charge based upon the amount of water used.

D. The rates set forth in subsections A and B of this section are modified, with respect to certain limited special contracts, by incorporating the rate terms set forth in Section 13.04.330.

E. The city reserves to itself the authority to classify customers and set rates. No customer may extend or provide its service or rates to another customer. (Ord. 2021-39 § 18, 2021; Ord. 2016-30 § 16, 2016: Ord. 2006-05 § 31, 2006: Ord. 2005-27 § 1, 2005: Ord. 2004-43 § 1, 2004: Ord. 2004-36 § 1, 2004: Ord. 2004-10 § 1, 2004: Ord. 2003-34 § 1, 2003: Ord. 2002-35 § 1, 2002; Ord. 2001-29 § 1, 2001: Ord. 2000-25 § 1, 2000: Ord. 99-36 § 2, 1999: Ord. 98-29 § 1, 1998; Ord. 97-30 §§ 1, 2, 1997; Ord. 96-44 §§ 1, 2, 1996; Ord. A-3639 § 1(part), 1990).

13.04.330 Service – Limited special contract water rates.

Water may be furnished on a temporary basis only to separately classified customers pursuant to intergovernmental agreement with such service and at such rates as specified therein. (Ord. 2005-01 § 1, 2005: Ord. 2004-01 § 1, 2004; Ord. A-3639 § 1(part), 1990).

13.04.350 Service – Billing discounts for certain low income citizens.

A. A need-based program providing discounts to the billings for water utility services for certain eligible citizens is established to provide necessary support for the poor.

B. The program provided for in subsection A of this section shall be implemented as provided in

Chapter 2.102. (Ord. 2021-39 § 19, 2021; Ord. 2019-21 § 3, 2019: Ord. 2016-30 § 17, 2016: Ord. 2015-30 § 14, 2015: Ord. 2006-05 § 32, 2006: Ord. 98-6 § 3, 1998: Ord. A-3639 § 1(part), 1990).

13.04.360 Service – Monthly charges outside the city – Exceptions.

The monthly base and consumption charges set forth in Section 13.04.320 and the city rate ordinance(s) for all water services provided outside the city limits shall be one and one-half times the charge for the same size service located within the city limits; provided, that the Walla Walla Regional Airport, Walla Walla Fairgrounds, Walla Walla High School and Mill Creek Glen monthly charge shall be the same as if within the city limits. (Ord. 2016-30 § 18, 2016: Ord. 2015-30 § 15, 2015: Ord. 2013-01 § 2, 2013: Ord. 2006-05 § 33, 2006: Ord. 2000-9 § 48, 2000: Ord. A-3639 § 1(part), 1990).

13.04.370 Service charges.

In addition to the base and the consumption charges, and any other applicable charges, the cost of special services shall be imposed in accordance with the service charges set forth in the city’s rate ordinance(s) for the following services:

A. Turn-offs or turn-ons dispatched before or after normal working hours of eight a.m. to five p.m. weekdays;

B. Turn-offs or turn-ons dispatched during normal working hours of eight a.m. to five p.m. weekdays (nonemergency as determined by city);

C. Special meter readings requested by customer;

D. Notices delivered to service location by city personnel; and

E. Emergency turn-offs at any hour not caused by customer fault (such as to stop water flowing through broken pipes damaged without fault of customer). (Ord. 2016-30 § 19, 2016: Ord. 2006-05 § 34, 2006: Ord. 2000-9 § 49, 2000: Ord. A-3639 § 1(part), 1990).

13.04.375 Adjustment of water consumption charges for water leaks.¹

A. The city manager, deputy city manager, and designees of the city manager or deputy city manager may adjust consumption charges upon receipt of reliable information that the amount of actual beneficial customer consumption is inaccurate as a result of leaks which were unknown to the customer and not caused by the fault of the customer. Adjustments may be made only after the customer provides satisfactory proof that the leaks have been repaired.

B. Adjustments may be made no more than once in a twelve-month period except in special circumstances.

C. Equitable adjustments may be made. Regular charges shall apply to beneficially consumed water estimated by reference to historic usage and other factors which reasonably bear upon consumption. Leaked water may be charged at a reduced rate calculated based upon production-only costs estimated by the city on an annual basis. (Ord. 2012-04 § 3, 2012).

13.04.380 Bills – Prorated when – Basis of charges.

Minimum charges for opening bills, closing bills and monthly bills rendered for periods smaller or greater than the normal will be prorated. Opening, closing and special monthly quantity charges shall be based upon meter readings. (Ord. A-3639 § 1(part), 1990).

13.04.390 Bills – Rendered and payable when – Delinquency charges.

Statements for water and other charges shall be rendered monthly by the city and shall become due and payable twenty-five days from the billing date. Whenever water personnel have been dispatched to turn off service because of delinquency in payment, charges in an amount set forth in the city’s rate ordinance(s) will be charged and collected in addition to the delinquent account before the water is turned on. (Ord. 2016-30 § 20, 2016: Ord. 2006-05 § 35, 2006: Ord. A-3639 § 1(part), 1990).

13.04.400 Service discontinuance – Customer notice required when.

Each customer about to vacate any premises supplied with water service by the city shall give verbal or written notice of his intended removal at least twenty-four hours prior to such removal, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the utility billing division shall have the notice of such removal. At the time specified by the customer that he expects to vacate the premises where service is supplied, or that he desires service to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the proportionate share of the monthly minimum provided for by the schedule applying to the class or classes of service furnished. (Ord. 2006-05 § 36, 2006: Ord. 2000-9 § 50, 2000: Ord. A-3639 § 1(part), 1990).

13.04.410 Service discontinuance – For wasteful water use authorized when.

Where water is wastefully or negligently used on a customer’s premises, the city may discontinue service if such conditions are not corrected after due notice by the water division. (Ord. 2000-9 § 51, 2000: Ord. A-3639 § 1(part), 1990).

13.04.420 Service discontinuance – For delinquent payment of bills.

A. Services may be discontinued to customers having delinquent bills if such action is necessary to enforce collection.

B. Any amount due to the city for labor, materials or miscellaneous items may be billed separately; if bills therefore become delinquent, such charges shall be transferred to the customer’s regular water account and, if necessary, water service may be discontinued until such amounts owing for labor, materials, and miscellaneous items are paid.

C. Service may be discontinued for delinquent amounts owing for water, sewer, stormwater, or sanitation service. (Ord. 2006-05 § 37, 2006: Ord. 2000-9 § 52, 2000: Ord. A-3639 § 1(part), 1990).

13.04.430 Inspection – Access authorized when.

Agents of the city shall have access at all proper hours of the day (eight a.m. to four-thirty p.m. workdays) to all parts of the buildings and premises receiving water from the city for the purpose of inspecting the condition of the pipes and the fixtures and the manner in which the water is used. (Ord. 2000-9 § 53, 2000: Ord. A-3639 § 1(part), 1990).

13.04.440 Service discontinuance – For unsafe facilities or cross-connections.

A. The city may refuse to furnish water and discontinue service to any premises where plumbing facilities, appliances, or equipment using water are dangerous or unsafe or not in conformity with cross-connection control legislation, rules, and regulations of the city and the rules and regulations of the Washington State Board of Health regarding public water systems. (See additionally Chapter 13.05.)

B. The city may refuse to furnish water and discontinue service to any premises that has been designated by the city as dangerous or unfit for human habitation. Water service to such premises shall not be restored until the city has withdrawn the dangerous or unfit designation for the premises. (Ord. 2015-30 § 16, 2015: Ord. 2000-9 § 54, 2000: Ord. 99-4 § 7, 1999: Ord. A-3639 § 1(part), 1990).

13.04.450 Meter assemblies – Ownership and installation.

The city will install all the necessary meter assemblies for measuring the water service used by the customer. However, the meter assemblies, even though the meter charge has been paid by the customer, will remain the property of the city. (Ord. 99-4 § 8, 1999: Ord. A-3639 § 1(part), 1990).

13.04.460 Meters – Size, type and sealing.

The city reserves the right to determine the size and type of meter to be installed for each specific location. The size and type of meter will depend on the rate of flow of water through the meter and the total water consumption.

All meters will be sealed by the water division at the time of installation, and no seal shall be altered or broken, except by one of its authorized employees. (Ord. 2000-9 § 55, 2000: Ord. A-3639 § 1(part), 1990).

13.04.470 Meters or service connections – Changes in size.

Permanent changes in the size of meters and/or service connections shall be made on request of the customer. The customer will be charged for the conversion on the basis of the actual cost to the city. If a customer increases the total water consumption on the premises serviced to a point where the meter is operating beyond its rated capacity or decreases the total water use to a point where the meter is too large to accurately indicate the water used, the city may, upon notification to the customer, change the size of the meter and bill the actual cost to the customer. (Ord. A-3639 § 1(part), 1990).

13.04.480 Meter assemblies – Maintenance and inspection by city.

The meter assemblies will be maintained by the city and will be inspected from time to time and tested for accuracy. (Ord. 99-4 § 9, 1999: Ord. A-3639 § 1(part), 1990).

13.04.490 Meters – Accuracy of registration required.

No meter will be placed in service or allowed to remain in service which is known to have an error in registration in excess of two percent under conditions of normal operation. (Ord. A-3639 § 1(part), 1990).

13.04.500 Meters – Test for accurate registration – City option.

If, upon comparison of past water usage, it appears that the meter is not registering properly, the city may, at its option, test the meter and adjust the charges accordingly if the meter either over or underregisters. No charge for meter testing will be made to the customer for the meter test under these conditions. (Ord. A-3639 § 1(part), 1990).

13.04.510 Meters – Test for accurate registration – Customer request – Deposit required.

A customer may, giving not less than one week’s notice, request the city to test the meter serving his premises. The city will require the customer to deposit the testing fee. This fee shall be at the rate of twenty-five dollars per inch diameter of the meter, but not less than twenty-five dollars. The deposit will be returned to the customer if the test reveals the meter to be overregistering more than two percent under conditions of normal operation. If the meter is operating satisfactorily, the test deposit shall be forfeited to the city. (Ord. A-3639 § 1(part), 1990).

13.04.520 Meters – Fast registration – Refunds granted when.

When, upon testing, a meter is found to be registering more than two percent fast under normal operating conditions, the city will refund to the customer the full amount of the overcharge, based on corrected meter readings for that period not exceeding one year, that the meter was in use. (Ord. A-3639 § 1(part), 1990).

13.04.530 Meters – Slow registration – Undercharge billed when.

When, upon testing, a meter is found to be registering more than ten percent slow, the city may bill the customer for the amount of the undercharge, based upon corrected meter readings for that period, not exceeding three months, that the meter was in use. (Ord. A-3639 § 1(part), 1990).

13.04.540 Meters – Nonregistering – Billing procedure.

The city will bill the customer for water consumed while the meter was not registering. The bill will be computed upon the consumption by the customer for the same month of the preceding year. However, if in the opinion of the city administration circumstances exist which would make it unfair to bill the customer for consumption of water for the same month of the preceding year, the administration shall have the authority to adjust the water bill for the customer in an amount not exceeding ten dollars, and in no event shall the water bill be adjusted to an amount below the minimum monthly charge. (Ord. A-3639 § 1(part), 1990).

13.04.550 Meters – Access for agents to install, read or repair authorized when.

The city or its duly authorized agents or employees shall have the right to install meters on the customer’s premises and shall at all reasonable times have the right to enter or leave the customer’s premises for the purpose of installing, reading, repairing, testing, maintaining or reinstalling the meter and its related appurtenances. (Ord. A-3639 § 1(part), 1990).

13.04.560 Billing – Estimated when meter not read.

In the event it is impossible or impracticable to read a meter on the regular reading date, the bill will be computed upon the consumption as estimated by the city. (Ord. A-3639 § 1(part), 1990).

13.04.570 Meter assemblies – Care required – Disconnection prohibited – Permit for moving required.

Customers shall take every reasonable precaution to protect meter assemblies from damage by frost or otherwise, and shall be liable for injury to meters resulting from their neglect. It is unlawful for any person to disconnect or remove any meter when installed as provided in this chapter. In case it is necessary to move a meter, a permit so to do must be obtained from the city. The cost of relocation of a meter assembly shall be charged t the customer unless the relocation is requested by the city. (Ord. 2000-9 § 56, 2000: Ord. 99-4 § 10, 1999: Ord. A-3639 § 1(part), 1990).

13.04.580 Meters – Access to be unobstructed.

Customers shall keep their premises adjacent to the meter free from all rubbish or material of any kind which will prevent employees of the city from having access to the meter. The customer shall be liable for expenses incurred by the city in the removal of any such rubbish or material. (Ord. A-3639 § 1(part), 1990).

13.04.590 Submeters for multiple occupancy buildings.

The city shall install one meter for multiple residence or occupancy buildings, such as apartment houses, office buildings or combinations thereof, trailer parks, groups of cabins under one ownership, etc. If the owners desire individual meters for each unit, they, the owners, shall install their own meters and read and bill the tenants at their own costs. The city shall have no interest or responsibility for any of these submeters or any other facilities appurtenant to the customer line except as provided elsewhere herein. (Ord. A-3639 § 1(part), 1990).

13.04.600 Meters – Monthly readings and account keeping required.

Each month the meters will be read to determine the amount of water used, and the customer will be billed monthly on that basis. The city will keep an accurate account on its books of the readings of meters, and such accounts so kept shall be offered at all times, places and courts as prima facie evidence of the use of water or sewer service by the customer. (Ord. 2021-39 § 20, 2021; Ord. A-3639 § 1(part), 1990).

13.04.610 Meters – Temporary service for contractors.

Customers may request and obtain a temporary hydrant service permit to provide water on a temporary basis from a fire hydrant where the use of the water is in compliance with all applicable laws and is approved by the city manager or his/her designee. The temporary hydrant service shall consist of a hydrant meter attached to a fire hydrant with a reduced pressure principle backflow assembly installed to protect the water system from contamination. Upon approval, the service shall be installed by city personnel. A refundable deposit will be required for customers that do not have approved credit with the city of Walla Walla. Charges shall be as set forth in the city’s rate ordinance(s).

The customer shall be responsible for all water taken in conjunction with the use of this service whether or not it is metered, all equipment provided by the city for the service, and all damages resulting from the use of the equipment. Charges shall commence at the time of installation until the time city personnel physically recover the equipment. The number of days for which the customer is charged rental shall be on a calendar day basis, regardless of whether customer is actually using the service. Two days minimum advance notice is required on the part of the customer to obtain a service or to stop a service. (Ord. 2016-30 § 21, 2016: Ord. 2006-05 § 38, 2006: Ord. 2003-42 § 1, 2003; Ord. 2000-9 § 58, 2000: Ord. 99-4 § 11, 1999: Ord. A-3639 § 1(part), 1990).

13.04.620 Plumbing – City permission required.

No plumber or other person will be allowed to make connections with the city mains; to make alterations in any conduit, pipe or other fixture connecting therewith, or to connect pipes where they have been disconnected; to connect or disconnect lines or perform any plumbing within a city meter box, enclosure, or vault; or to turn water off or on in any premises without permission of the city. (Ord. 99-4 § 12, 1999: Ord. A-3639 § 1(part), 1990).

13.04.630 Plumbing – Facilities, specifications and general requirements.

A. Customers shall install, maintain, and operate their plumbing systems using the city’s water supply in accordance with the state and city plumbing codes, except as hereinafter modified. Customer lines must be installed in accordance with good engineering practice and maintained in good order by the user. A stop valve protected from the frost must be placed inside the property line between the meter assembly and the customer’s plumbing system with suitable opening or handle maintained so that the water may be shut off in the event of a break or for repairs or alterations to the fixtures without the city shut-off valve having to be closed. If a backflow prevention assembly is required for premises isolation, the stop must be placed between the assembly and the customer’s plumbing system. The customer’s pipes from the city shut-off-valve to the building must be placed so the pipe has at least two and one-half feet of cover, measured from the surface of the sidewalk or the graded surface of the ground inside the property line. The user will be held responsible for any losses occurring in the customer’s line from leaks, freezing, or otherwise.

B. Swimming pools, wading pools, decorative pools or other such devices shall be constructed so the conduit or pipes supplying water from the city system shall be at least one foot above the top of the overflow gutter or maximum possible surface.

C. In the event a customer is served by more than one service from the city system on the same premises and the plumbing is interconnected within the premises, a check valve suitable to the city shall be installed on the customer side of each meter to prevent reverse flow through a meter.

D. The attachment of any electrical ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city shall be done only in accordance with the city building code. The city will hold the customer liable for any damage to its property or facilities occasioned by such ground-wire attachments. The city will not be liable for any damage to the customer’s electrical system as a result of resistance thawing of frozen pipelines. (See additionally Chapter 13.05.) (Ord. 2000-9 § 59, 2000: Ord. 99-4 § 13, 1999: Ord. A-3639 § 1(part), 1990).

13.04.900 Collection of charges.

A. All service charges and all other fees or charges hereafter established by the city council by this chapter shall be deemed to be levied upon the premises themselves.

B. The city shall have a lien for all delinquent and unpaid charges and fees, including interest thereon, assessed against premises to which water services were furnished which lien may be enforced in the manner provided in RCW 35.21.290 and 35.21.300.

C. Delinquent charges shall bear interest at eight percent per annum computed on a monthly basis, and should the city foreclose the lien as authorized by this chapter, the city shall be entitled to its reasonable attorney’s fees.

D. The remedies and charges imposed by this section are additional and concurrent to other remedies and charges imposed by this chapter. (Ord. 2022-11 § 3, 2022; Ord. 99-36 § 3, 1999).

13.04.910 Water receipts – Use restrictions – Self-supporting.

All water receipts shall be deposited to the water utility fund and shall be exclusively utilized for maintenance, operation, expansion and debt service of the water system of the city. Service charges shall be sufficient to make the city’s water utility self-supporting. All receipts shall be maintained in accordance with the Budgeting, Accounting, and Reporting System for Cities and Counties and Other Local Governments established by the Washington State Auditor and made applicable to the city of Walla Walla.

All revenue from the system shall be deposited into the water fund as collected and shall be held separate and apart from all other funds of the city. The water fund and the wastewater fund are collectively referred to as the “Water and Wastewater Fund” by Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32. The revenue from the system deposited therein shall be used only for the following purposes and in the following order of priority:

First, to pay the costs of maintenance and operation of the system;

Second, to pay the interest on outstanding bonds issued pursuant to Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32, and any additional bonds;

Third, to pay the principal of the outstanding bonds and any additional bonds, and to make any mandatory sinking fund deposits required to be made for the payment of the principal of any term bonds;

Fourth, to make all payments required to be made into the reserve account created to secure the payment of outstanding bonds and any additional bonds, and to make any payments required in connection with a surety bond issued by a qualified insurer;

Fifth, to make all payments required to be made into a revenue bond fund or debt service account hereafter created to pay and secure the payment of the principal of and interest on any bonds which have a lien upon the revenue of the system junior and inferior to the lien thereon for the payment of the principal of and interest on the outstanding bonds and any additional bonds; and

Sixth, for any other water utility purpose.

Unless otherwise directed by the city council, a sufficient portion of the water receipts shall be allocated at least quarterly to water utility accounts established for the purposes of satisfying the payment and other requirements of city bond ordinances, and such allocations shall be reported to the council and cannot be reallocated to other accounts without council approval.

The monthly statements from the city shall show, as a separate item, the amount of the water sewer service rate to be charged as of the time of the reading of the water meter, and said charge shall be collected at the time payment is made for the wastewater service. (Ord. 2006-05 § 39, 2006).

Code reviser’s note: Ord. 2012-04 adds these provisions as Section 13.04.080. This section has been editorially renumbered to prevent duplication of numbering.